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Commission adopts investigative report on altered proficiency form; staff recommends disciplinary action
Summary
The commission adopted a final investigative report finding an analyst intentionally altered a proficiency-monitoring form and voted to accept recommended disciplinary measures pending non-substantive staff revisions; two commissioners recused from the vote.
The Texas Forensic Science Commission adopted a final investigative report stemming from self-disclosure 25.01 concerning an analyst at a regional laboratory who submitted an altered proficiency-monitoring certification form as part of a license renewal application.
Staff presented a summary of the investigation: an analyst uploaded a proficiency-monitoring certification form that listed multiple disciplines though the laboratory92s quality director had only certified the analyst in toxicology. Staff said the PDF form was editable when distributed within the laboratory and that the analyst later acknowledged discovering the form listed both toxicology and seized-drugs disciplines. Management92s internal audit and IT ticket review contradicted the analyst92s explanation that an Adobe/IT glitch caused the change, and staff concluded the alteration was intentional.
Staff said the laboratory had previously mistakenly reissued a certification in 2022 and acknowledged some internal process confusion, but the commission92s draft investigative report concluded the evidence supported a finding of deliberate alteration. The report recommended disciplinary action: suspension of the analyst92s renewed license and denial of a further application for a specified period (the staff report contained the recommended discipline language and asked the commission to adopt the report subject to non-substantive revisions).
Two commissioners recused themselves from deliberations because of prior relationships or roles referenced on the record; the remaining commissioners moved to adopt the draft investigative report subject to non-substantive staff revisions and the motion carried on voice vote. The transcript records the motion, second and a voice vote of "aye" with the motion carried.
Staff said the lab and commission would implement the outcome consistent with administrative procedures, including suspension of the license consistent with the recommendation and formal notice to the licensee. The commission did not debate finer disciplinary details in public beyond the vote to adopt the report and the recorded recusals.
